Bringing you the Best Analytical Legal News
“In an acquittal appeal if other view is possible, then also, the appellate court cannot merely substitute its view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, palpably wrong, manifestly erroneous or demonstrably unsustainable.”
Continue reading
“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”
Continue reading
Once the husband had voluntarily accepted the wife and her kids from her previous marriage, he could not subsequently use that as a defence to resist his statutory obligation of paying maintenance.
Continue reading
Public places are basically meant for public use and while protesting in such places is a valuable democratic tool, no person can claim that he should be allowed to protest repeatedly at the same place without restrictions.
Continue reading
“Sonu Nigam Singh’s actions could not be considered innocent, and the misrepresentation caused among members of the general public was not a matter of coincidence and thus his conduct was ex facie dishonest and reeked of mala fide.”
Continue reading
“Merely because grandparents or other relatives had nurtured the child for some period, the natural guardian cannot be denied right of custody of child unless it is shown that welfare of minor would be jeopardise.”
Continue reading
“Police authorities are responsible for not taking action in time on the complaint made by the petitioner as they waited for three long years to register the crime, that too after directions of the Supreme Court, which had added to the agony of the petitioner.”
Continue reading
The counsel submitted that considering the social background of all parties involved, as they were living in the vicinity where relatives and neighbours do not hesitate to intervene in each other’s affairs, it cannot be said that the appellants spoke to encourage the minor girl in committing suicide.
Continue reading
“As per Section 12 of the Act, bail to the Juvenile is a rule and refusal of the same is an exception.”
Continue reading
The petitioner was an illegal occupier of government land and as a result could not furnish the documents proving ownership or occupancy required under the JERC Regulations.
Continue reading
“In a democracy governed by the rule of law, the power to detain a person without trial, for security of the State or maintenance of public order must be strictly construed. But where individual liberty comes into conflict with the security of the State or public order, then the liberty of the individual must give way to the larger interests of the nation.”
Continue reading
“If the infringement of the trade mark ‘Old Monk Coffee’ is allowed to continue, it is likely to cause confusion on the part of the public and the defendant obviously would be able to pass off its product, ‘OLD MIST’ rum, as that of the petitioner i.e., ‘Old Monk’.”
Continue reading
“Terminating the services of an employee appointed on compassionate grounds after 15 years, on the basis of ineligibility at the time of appointment, amounts to a travesty of justice, especially when no fraud or suppression of facts is alleged.”
Continue reading
In the present case, the video clip showed a man on the toilet, relieving himself, while attending virtual court proceedings
Continue reading
“It is evident that the provisions of the POSH Act apply where the relationship of employer and employee exists, thus, neither Bar Council of India nor Bar Council of Maharashtra & Goa can be said to be employer of advocates.”
Continue reading
“An appeal against an order of conviction cannot be dismissed in default but must be taken up and decided on merits even if the appellant in person or the counsel representing him is not present.”
Continue reading
A dispute had arisen between the M.P. Housing and Infrastructure Development Board and the applicant regarding non-performance of their consulting services in a given timeline as per their agreement.
Continue reading
“The roster is prepared by the Chief Justice. The Judge, who is hearing the case, can decide to avoid the case if necessary. But a litigant cannot dictate to the Court to avoid his case by a Judge who is allotted the jurisdiction by the Chief Justice as per the roster. If such a practice is started, the litigants can pick and choose the judge who has to hear their case.”
Continue reading
The Court called out the disturbing trend of extending undue benefit of deliberate procedural lapses at the initial stage of a crime.
Continue reading
“Should Gute Reise be desirous of using its account with Amazon for selling any products other than Victorinox’s branded products, it shall be free to do so, and Amazon shall not stand in the way of Gute Reise selling other products.”
Continue reading